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Art. 21A Part III: Fundamental Rights

Right to Education

Exact text — Constitution of India

The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine. [Added by the 86th Amendment, 2002]

In Plain English

What this Article actually means

Added in 2002 (and brought into force in 2010), this Article carved education for young children out of the non-enforceable Directive Principles (where it originally sat as Article 45) and made it a directly enforceable Fundamental Right. Parliament gave it operational shape through the Right of Children to Free and Compulsory Education Act, 2009 (the RTE Act) — which sets out school-readiness standards, admission rules, and the well-known 25% reservation for disadvantaged children in private unaided schools.
Why This Matters To You

How it shows up in everyday life

If your child is between 6 and 14, this Article — via the RTE Act — is why a government school cannot charge fees, cannot refuse admission, and cannot expel or hold your child back a grade for poor performance. It's also the basis for the 25% quota reserved for economically weaker children in private schools.

How This Is Enforced

Laws and mechanisms that put this Article into practice

Right of Children to Free and Compulsory Education Act, 2009

The implementing legislation — school standards, admission rules, the 25% private-school reservation, and a ban on expulsion/detention up to Class 8.

Landmark Cases

How courts have interpreted this Article

Society for Unaided Private Schools of Rajasthan v. Union of India(2012) 6 SCC 1 — Upheld the RTE Act's 25% reservation mandate for private unaided non-minority schools as a valid, enforceable extension of Article 21A. Verify this case
Frequently Asked

Quick answers about Article 21A

Does Article 21A cover children above 14 or below 6?
Not directly — it's specifically limited to ages 6–14; younger children's early education is addressed through Directive Principles (Article 45) rather than this Fundamental Right, though policy has been moving to extend more support to early childhood education.
Can a government school demand any fees at all under this Article?
No — 'free' means genuinely free, including no capitation fee or other indirect charges, for children in this age group in government schools.

The text above reproduces Article 21A of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.